Georgia’s long-arm statute has a separate provision for going back to court to modify or enforce an order the Georgia court already entered.
What the Statute Says
OCGA 9-10-91(6) reaches a nonresident who “has been subject to the exercise of jurisdiction of a court of this state which has resulted in an order of alimony, child custody, child support, equitable apportionment of debt, or equitable division of property if the action involves modification of such order and the moving party resides in this state or if the action involves enforcement of such order notwithstanding the domicile of the moving party.” The Georgia Supreme Court noted in Barker v. Barker, 294 Ga. 572 (2014), that this provision has been in the statute since 2010.
Modification and Enforcement Are Treated Differently
Read that language closely, because the two halves do not have the same requirement:
- To modify the order, the person filing must reside in Georgia.
- To enforce the order, it does not matter where the person filing lives.
How It Works in Practice
In Barker, a Richmond County court divorced the parties in 2005 and entered orders on child custody and support. Seven years later the husband, still a Georgia resident, filed in Gwinnett County to modify the child support and to enforce the visitation terms by contempt. The wife had moved out of state, and the trial court dismissed for lack of personal jurisdiction over her.
The Supreme Court reversed. Because a Georgia court with jurisdiction over her had entered the original custody and support orders, and because the husband still lived here, she was “amenable to the jurisdiction of the Georgia courts for the purposes of the petition under the plain terms” of the statute.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!